[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82382-82386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32926]
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ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-9245-6]
Beaches Environmental Assessment and Coastal Health Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Availability of 2011 BEACH Act Grants.
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SUMMARY: Section 406(b) of the Clean Water Act (CWA) as amended by the
Beaches Environmental Assessment and Coastal Health (BEACH) Act
authorizes EPA to award program development and implementation grants
to eligible states, territories, tribes, and local governments to
support microbiological monitoring and public notification of the
potential for exposure to disease-causing microorganisms in coastal
recreation waters, including the Great Lakes. EPA encourages coastal
and Great Lakes states and tribes that have received BEACH Act grants
in the past to apply for 2011 BEACH Act grants to implement effective
coastal recreation water monitoring and public notification programs
(``implementation grants''). EPA also encourages eligible tribes that
have not previously received BEACH Act grants to apply for 2011 BEACH
Act grants to develop effective and comprehensive coastal recreation
water monitoring and public notification programs (``development
grants'').
DATES: States, Erie County, Pennsylvania, and tribes that previously
received BEACH Act grants must submit applications on or before
February 28, 2011. Other eligible tribes should notify the relevant EPA
Regional BEACH Act grant coordinator of their interest in applying for
a grant on or before February 14, 2011. Upon receipt of a tribe's
notice of interest, EPA will establish an appropriate application
deadline.
ADDRESSES: You must send your application to the appropriate EPA
Regional grant coordinator listed in this notice under Section VII,
Grant Coordinators.
FOR FURTHER INFORMATION CONTACT: Lars Wilcut, 1200 Pennsylvania Ave.,
NW., (4305T), Washington, DC 20460.
[[Page 82383]]
Telephone: (202) 566-0447. E-mail: wilcut.lars@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
What is the BEACH Act?
The Beaches Environmental Assessment and Coastal Health (BEACH) Act
of 2000 amends the Clean Water Act to better protect public health at
our nation's beaches through improved water quality standards and beach
monitoring and notification programs. The BEACH Act authorizes EPA to
award grants to develop and implement monitoring and public
notification programs for coastal recreation waters, consistent with
EPA's required performance criteria. EPA published the required
performance criteria for grants in its National Beach Guidance and
Required Performance Criteria for Grants (EPA-823-B-02-004), on July
19, 2002. Currently, all 37 eligible states and tribes operate beach
monitoring and notification programs using BEACH Act grant funds.
What is the statutory authority for BEACH Act grants?
The general statutory authority for BEACH Act grants is section
406(b) of the Clean Water Act, as amended by the BEACH Act, Public Law
106-284, 114 Stat. 970 (2000). It provides that, ``(T)he Administrator
may make grants to States and local governments to develop and
implement programs for monitoring and notification for coastal
recreation waters adjacent to beaches or similar points of access that
are used by the public.'' CWA section 406(b)(2)(A), however, limits
EPA's ability to award implementation grants only to those states and
tribes that meet certain requirements (see Section II, Funding and
Eligibility, below for information on specific requirements).
What activities are eligible for funding under the FY 2011 grants?
In fiscal year 2011, EPA intends to award grants authorized under
CWA section 406(b) to eligible states and tribes to support the
implementation of coastal recreation water monitoring and public
notification programs that are consistent with EPA's required
performance criteria for implementation grants. Also in fiscal year
2011, EPA intends to award development grants to eligible tribes to
support the development of coastal recreation water monitoring and
public notification programs that are consistent with EPA's performance
criteria for grants. EPA published the required performance criteria
for grants in its National Beach Guidance and Required Performance
Criteria for Grants (EPA-823-B-02-004), on July 19, 2002. This document
can be found on EPA's Web site at http://water.epa.gov/grants_funding/beachgrants/guidance_index.cfm. Copies of the document may also be
obtained by writing, calling, or e-mailing: Office of Water Resource
Center, U.S. Environmental Protection Agency, Mail Code RC-4100T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. (Phone: 202-566-1731 or
e-mail: center.water-resource@epa.gov).
II. Funding and Eligibility
Who is eligible to apply for BEACH Act grants?
Coastal and Great Lake states that meet the requirements of CWA
section 406(b)(2)(A) are eligible for grants in fiscal year 2011 to
implement monitoring and notification programs. The definition of the
term ``state'' in CWA section 502 includes the District of Columbia,
and current U.S. territories: the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands. Tribes may also be eligible for BEACH Act
grants. In order to be eligible, a tribe must have coastal recreation
waters adjacent to beaches or similar points of access that are used by
the public, and the tribe must demonstrate that it meets the
``treatment in the same manner as a state'' criteria in CWA section
518(e) for the purposes of receiving a section 406 BEACH Act grant.
Are local governments eligible for funding?
CWA section 406(b)(2)(B) authorizes EPA to make a grant to a local
government for implementation of a monitoring and notification program
only if, after July 19, 2003, EPA determines that the state within
which the local government has jurisdiction is not implementing a
program that meets the requirements of CWA section 406(b), which
includes a requirement that the program is consistent with the
performance criteria in National Beach Guidance and Required
Performance Criteria for Grants. EPA has awarded an implementation
grant to Erie County, Pennsylvania, the local government implementing
the beach monitoring and notification program for all of Pennsylvania's
coastal recreation waters. Local governments may contact their EPA
Regional Office for further information about BEACH Act grants.
How may tribes apply for BEACH Act development grants and how much
funding is available for tribes?
Section 518(e) of the CWA authorizes EPA to treat eligible Indian
tribes in the same manner as states for the purpose of receiving CWA
section 406 grant funding. For fiscal year 2011, EPA will make $100,000
available to eligible tribes. In order to be eligible for a CWA section
406 development grant, a tribe must have coastal recreation waters
adjacent to beaches or similar points of access that are used by the
public. The phrase ``coastal recreation waters'' is defined in CWA
section 502(21) to mean the Great Lakes and marine coastal waters
(including coastal estuaries) that are designated under CWA section
303(c) for use for swimming, bathing, surfing, or similar water contact
activities. The statute explicitly excludes from the definition inland
waters and waters upstream of the mouth of a river or stream having an
unimpaired natural connection with the open sea. In addition, a tribe
must demonstrate that it meets the ``treatment in the same manner as a
state'' (TAS) criteria contained in CWA section 518(e) for purposes of
receiving a CWA section 406 grant. To demonstrate TAS, the tribe must
show that it: (1) Is federally recognized; (2) has a governing body
carrying out substantial governmental duties and powers; (3) will be
exercising functions pertaining to waters within the reservation; and
(4) is reasonably expected to be capable of carrying out the functions
consistent with the CWA and all applicable regulations. EPA encourages
those tribes with coastal recreation waters to contact their EPA
Regional BEACH Act grant coordinator for further information regarding
the application process as soon as possible.
Are there any additional eligibility requirements and grant conditions
applicable to states and tribes?
Yes, there are additional eligibility requirements and grant
conditions. First, CWA section 406(b)(2)(A) identifies eligibility
requirements for implementation grants and CWA section 406(c)
identifies conditions of receipt of a monitoring and notification
grant. These requirements are discussed in the National Beach Guidance
and Required Performance Criteria for Grants.
In addition, there are special reporting requirements for BEACH Act
grants. See Section VI below.
How much funding is available?
For fiscal year 2011, the total available for BEACH Act grants is
[[Page 82384]]
expected to be $9,900,000. EPA expects to award all but $100,000 to
eligible states for implementation grants. EPA intends to award the
remaining $100,000 to eligible tribes. If EPA does not award any grants
to eligible tribes, EPA will redistribute the money to eligible states
using the base allocation formula described below.
How will the funding for states be allocated?
For fiscal year 2011, EPA expects to award grants to all eligible
states who apply for funding based on a grant allocation formula that
combines the formula that the Agency originally developed in 2002
(``base allocation formula'') with a supplemental allocation formula
introduced with the fiscal year 2010 grants (see 75 FR 1373, January
11, 2010).
How does EPA expect to allocate 2011 BEACH Act grant funds?
For 2011, the total available for BEACH Act grants is expected to
be $9,900,000. Two tribes, the Grand Portage Band of Lake Superior
Chippewa and the Makah Indian Nation, are expected to receive grants of
$50,000 each (assuming no other grants are awarded to other eligible
tribes), leaving $9,800,000 for grants to states and territories,
$205,280 of which will be allocated using the supplemental allocation
formula. Assuming all 35 states with coastal recreation waters apply
and meet the statutory eligibility requirements for implementation
grants (and have met the statutory grant conditions applicable to
previously awarded section 406 grants), the allocation of the funds for
year 2011 is expected to be:
------------------------------------------------------------------------
Portion of the
The year 2011 total that is the
For the state or territory of: allocation is supplemental
expected to be: allocation
------------------------------------------------------------------------
Alabama........................... $268,000 $5,628
Alaska............................ 154,000 4,183
American Samoa.................... 306,000 4,183
California........................ 524,000 9,888
Connecticut....................... 228,000 4,260
Delaware.......................... 216,000 5,628
Florida........................... 539,000 11,257
Georgia........................... 293,000 6,997
Guam.............................. 307,000 4,183
Hawaii............................ 331,000 8,443
Illinois.......................... 249,000 5,705
Indiana........................... 209,000 2,814
Louisiana......................... 325,000 2,814
Maine............................. 260,000 5,628
Maryland.......................... 276,000 7,074
Massachusetts..................... 263,000 8,443
Michigan.......................... 288,000 9,811
Minnesota......................... 209,000 4,183
Mississippi....................... 262,000 4,183
New Hampshire..................... 209,000 4,260
New Jersey........................ 285,000 7,074
New York.......................... 357,000 8,443
North Carolina.................... 311,000 8,443
Northern Marianas................. 306,000 2,814
Ohio.............................. 228,000 4,260
Oregon............................ 234,000 5,551
Pennsylvania...................... 227,000 4,260
Puerto Rico....................... 123,000 0
Rhode Island...................... 220,000 6,997
South Carolina.................... 305,000 8,443
Texas............................. 392,000 8,443
U.S. Virgin Islands............... 306,000 2,814
Virginia.......................... 282,000 5,628
Washington........................ 277,000 6,920
Wisconsin......................... 231,000 5,628
------------------------------------------------------------------------
What if a state does not apply or does not qualify for funding?
EPA expects that all 35 states and territories will apply for a
grant. If fewer than 35 states apply for the allocated amount, or if
any applicant fails to meet the statutory eligibility requirements (or
the statutory conditions applicable to previously awarded section 406
grants), then EPA will distribute available grant funds to eligible
states in the following order:
(1) States that meet the eligibility requirements for
implementation grants and that have met the statutory conditions
applicable to previously awarded section 406 grants will be awarded the
full amount of funds allocated to the state under the formula described
above.
(2) EPA may award program implementation grants to local
governments in states that the Agency determines have not met the
requirements for implementation grants.
(3) Consistent with CWA section 406(h), EPA will use grant funds to
conduct a beach monitoring and notification program in the case of a
state that has no program for monitoring and notification that is
consistent with EPA's grant performance criteria.
What if a state or tribe cannot use all of its allocation?
If a state or tribe cannot use all of its allocation, the Regional
Administrator may award the unused funds to any eligible coastal or
Great Lake grant recipient in the Region for the continued development
or implementation of its coastal recreation water monitoring and
notification program. If, after re-allocation, there are
[[Page 82385]]
still unused funds within the Region, EPA Headquarters will
redistribute these funds to any eligible coastal or Great Lake BEACH
Act grant recipient according to the supplemental formula described in
the Federal Register notice announcing the availability of the fiscal
year 2010 grants (75 FR 1373, January 11, 2010).
How will the funding for tribes be allocated?
EPA expects to apportion the $100,000 set aside for tribal grants
evenly among all eligible tribes that apply for funding.
What is the expected duration of funding and projects?
The expected funding and project periods for implementation grants
awarded in fiscal year 2011 is one year.
Does EPA require matching funds?
Recipients do not have to provide matching funds for BEACH Act
grants. EPA retains the option to establish a match requirement in the
future based on a review of state program activity and funding levels.
III. Eligible Activities
Recipients of implementation grants may use funds for activities to
support implementing a beach monitoring and notification program that
is consistent with the required performance criteria for grants
specified in the document, National Beach Guidance and Required
Performance Criteria for Grants (EPA-823-B-02-004). Recipients of
development grants may use the funds to develop a beach monitoring and
notification program consistent with the performance criteria. EPA
expects that grantees will send a representative to EPA's National
Beach Conference. Costs for attending this conference will be provided
for in the grant agreement, if necessary, in accordance with 2 CFR part
225, Appendix B, Item 27.
IV. Selection Process
EPA Regional Offices will award CWA section 406 grants through a
non-competitive process. EPA expects to award grants to all eligible
state, tribal, and territorial applicants that meet the applicable
requirements described in this notice.
Who has the authority to award BEACH Act grants?
The Administrator has delegated the authority to award BEACH Act
grants to the Regional Administrators.
V. Application Procedure
What is the Catalog of Federal Domestic Assistance (CFDA) number for
the BEACH Monitoring and Notification Program Implementation grants?
The number assigned to the BEACH Act grants is 66.472, Program Code
CU.
Can BEACH Act grant funds be included in a Performance Partnership
grant?
For fiscal year 2011, BEACH Act grants cannot be included in a
Performance Partnership Grant.
What is the application process?
Your application package should contain completed:
EPA SF-424 Application for Federal Assistance, and
Program Summary.
In order for EPA to determine that a state or local government is
eligible for an implementation grant, the applicant must submit
documentation with its application to demonstrate that its program is
consistent with the performance criteria. The Program Summary must
contain sufficient technical detail for EPA to confirm that a program
meets the statutory eligibility requirements and statutory grant
conditions for previously awarded CWA section 406 grants referenced in
Section II (Funding and Eligibility) of this notice. The Program
Summary must also describe how the State or local government used BEACH
Act grant funds to develop and implement the beach monitoring and
notification program, and how the program is consistent with the nine
performance criteria in National Beach Guidance and Required
Performance Criteria for Grants (EPA-823-B-02-004) which is found at
http://water.epa.gov/grants_funding/beachgrants/guidance_index.cfm.
The Program Summary should also describe the state or local
program's objectives for the grant year and target dates and milestones
for timely project completion.
States, Erie County, and tribes that have previously been awarded
BEACH Act grants must submit application packages to the appropriate
EPA Regional Office by February 28, 2011. EPA will make an award after
the Agency reviews the documentation and confirms that the program
meets the applicable requirements. The Office of Management and Budget
has authorized EPA to collect this information (BEACH Act Grant
Information Collection Request, OMB control number 2040-0244). Please
contact the appropriate EPA Regional Office for a complete application
package. See Section VII for a list of EPA Regional Grant Coordinators
or visit the EPA Beaches Web site at http://water.epa.gov/type/oceb/beaches/contact.cfm.
What should a tribe's Notice of Interest contain?
The Notice of Interest should include the tribe's name and the name
and telephone number of a contact person.
Are Quality Assurance and Quality Control (QA/QC) required for
applications?
Yes. Three specific QA/QC requirements must be met to comply with
EPA's performance criteria for grants:
(1) Applicants must submit documentation that describes the quality
system implemented by the state, territory, tribe, or local government.
Documentation may be in the form of a Quality Management Plan or
equivalent documentation.
(2) Applicants must submit a quality assurance project plan (QAPP)
or equivalent documentation.
(3) Applicants are responsible for submitting documentation of the
quality system and QAPP for review and approval by the EPA Quality
Assurance Officer or his designee before they take primary or secondary
environmental measurements. More information about the required QA/QC
procedures is available in Chapter Four and Appendix H of National
Beach Guidance and Required Performance Criteria for Grants (EPA-823-B-
02-004).
VI. Reporting Requirements and Applicable Regulations
Are there reporting requirements?
Recipients must submit annual performance reports and financial
reports as required in 40 CFR 31.40 and 31.41. The annual performance
report explains changes to the beach monitoring and notification
program during the grant year. It also describes how the grant funds
were used to implement the program to meet the performance criteria
listed in National Beach Guidance and Required Performance Criteria for
Grants (EPA-823-B-02-004). The annual performance report required under
40 CFR 31.40 is due no later than 90 days after the grant year ends.
There are also special reporting requirements for BEACH Act grants.
First, state grant recipients must submit to EPA a report that
describes (1) data collected as part of the program for monitoring and
notification as described in section 406(c), and (2) actions taken to
notify the public when water quality
[[Page 82386]]
standards are exceeded. (See CWA section 406(b)(3)(A) and the National
Beach Guidance and Required Performance Criteria for Grants.) Grant
recipients must submit to EPA the monitoring and notification reports
for any beach season by January 31 of the year following the beach
season (68 FR 15446, 15449 (March 31, 2003)). For the 2011 beach
season, the deadline for states to submit complete and correct reports
is January 31, 2012.
In addition, grant recipients must report to EPA, latitude,
longitude and mileage data on (1) the extent of beaches and similar
points of public access adjacent to coastal recreation waters, and (2)
the extent of those beaches that are monitored. EPA first established
this requirement in the Federal Register notice for the fiscal year
2003 grants (68 FR 15446, 15447 (March 31, 2003)). EPA is continuing
this requirement in order to capture any changes states, tribes, and
local governments may make to their beach monitoring and notification
programs. States, tribes, and local governments must report to EPA any
changes to either the extent of their beaches or similar points of
access, or to the extent of their beaches that are monitored.
As new predictive tools and methods of measuring water quality
become more widespread, the ability to provide timely information to
the public will increase. Coupled with improvements to the data
submission process, it will be easier for states and EPA to make
notification and water quality data available to the public. Therefore,
EPA is considering requiring states to report to EPA more frequently
than annually in the future. The Agency intends to review state and
federal agency capabilities, resource constraints, and the impact of
more frequent reporting, and make any necessary changes to the
appropriate section of the National Beach Guidance and Performance
Criteria. Any such changes would not affect reporting for the 2011
beach season.
What regulations apply to the award and administration of these grants?
The regulations at 40 CFR part 31 govern the award and
administration of grants to states, tribes, local governments, and
territories under CWA section 406(b). Allowable costs will be
determined according to the cost principles outlined in 2 CFR part 225.
VII. Grant Coordinators
Headquarters--Washington, DC
Lars Wilcut, USEPA, 1200 Pennsylvania Ave., NW.--4305, Washington,
DC 20460; T: 202-566-0447; F: 202-566-0409; wilcut.lars@epa.gov.
Region 1--Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island
Caitlyn Whittle, USEPA Region 1, 5 Post Office Square Suite 100
(OEP06-1), Boston, MA 02109-3912; T: 617-918-1748; F: 617-918-0748;
whittle.caitlyn@epa.gov.
Region 2--New Jersey, New York, Puerto Rico, U.S. Virgin Islands
Helen Grebe, USEPA Region 2, 2890 Woodbridge Ave. MS220, Edison, NJ
08837-3679; T: 732-321-6797; F: 732-321-6616; grebe.helen@epa.gov.
Region 3--Delaware, Maryland, Pennsylvania, Virginia
Denise Hakowski, USEPA Region 3, 1650 Arch Street 3WP30,
Philadelphia, PA 19103-2029; T: 215-814-5726; F: 215-814-2318;
hakowski.denise@epa.gov.
Region 4--Alabama, Florida, Georgia, Mississippi, North Carolina, South
Carolina
Joel Hansel, USEPA Region 4, 61 Forsyth St. 15th Floor, Atlanta, GA
30303-3415; T: 404-562-9274; F: 404-562-9224; hansel.joel@epa.gov.
Region 5--Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
Holly Wirick, USEPA Region 5, 77 West Jackson Blvd. WT-16J,
Chicago, IL 60604-3507; T: 312-353-6704; F: 312-886-0168;
wirick.holiday@epa.gov.
Region 6--Louisiana, Texas
Mike Schaub, USEPA Region 6, 1445 Ross Ave. 6WQ-EW, Dallas, TX
75202-2733; T: 214-665-7314; F: 214-665-6689; schaub.mike@epa.gov.
Region 9--American Samoa, Commonwealth of the Northern Mariana Islands,
California, Guam, Hawaii
Terry Fleming, USEPA Region 9, 75 Hawthorne St. WTR-2, San
Francisco, CA 94105; T: 415- 972-3462; F: 415-947-3537;
fleming.terrence@epa.gov.
Region 10--Alaska, Oregon, Washington
Rob Pedersen, USEPA Region 10, 120 Sixth Ave. OW-134, Seattle, WA
98101; T: 206-553-1646; F: 206-553-0165; pedersen.rob@epa.gov.
Dated: December 23, 2010.
Peter S. Silva,
Assistant Administrator for Water.
[FR Doc. 2010-32926 Filed 12-29-10; 8:45 am]
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